A00882 Summary:

BILL NOA00882
 
SAME ASNo Same As
 
SPONSORRosenthal L (MS)
 
COSPNSRCook, Epstein
 
MLTSPNSRGlick
 
Amd §§1111, 1112, 1113 & 1151, V & T L
 
Expands and clarifies when pedestrians shall be entitled to the right of way with respect to all other traffic.
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A00882 Actions:

BILL NOA00882
 
01/11/2023referred to transportation
01/03/2024referred to transportation
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A00882 Committee Votes:

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A00882 Floor Votes:

There are no votes for this bill in this legislative session.
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A00882 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           882
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, COOK -- Multi-Sponsored by -- M. of
          A. GLICK -- read once and referred to the Committee on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to a pedestri-
          an's right of way
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 2 of subdivision (a) of section 1111 of the vehi-
     2  cle  and  traffic law, as amended by chapter 269 of the laws of 1984, is
     3  amended to read as follows:
     4    2. Traffic, except pedestrians, facing a steady green arrow signal may
     5  cautiously enter the intersection only to make the movement indicated by
     6  such arrow, or such other movement as is permitted by other  indications
     7  shown  at  the  same  time,  except that a U-Turn may be made by traffic
     8  facing a left green arrow signal unless a sign prohibits such U-Turn  or
     9  such  U-Turn is in violation of any other provision of law. Such traffic
    10  shall yield the right of way to other traffic lawfully within the inter-
    11  section [or an] and pedestrians within a  marked  or  unmarked  adjacent
    12  cross walk at the intersection at the time such signal is exhibited.
    13    § 2. Paragraph 3 of subdivision (a) of section 1111 of the vehicle and
    14  traffic  law,  as amended by chapter 356 of the laws of 1971, is amended
    15  to read as follows:
    16    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
    17  provided  in  section eleven hundred twelve of this article, pedestrians
    18  facing any steady green signal, except when the sole green signal  is  a
    19  turn arrow, shall have the right-of-way and may proceed across the road-
    20  way within any marked or unmarked crosswalk.
    21    §  3.  Paragraphs  2  and  3 of subdivision (b) of section 1111 of the
    22  vehicle and traffic law, as amended by chapter 356 of the laws of  1971,
    23  are amended to read as follows:
    24    2.  Traffic,  except  pedestrians, facing a steady yellow arrow signal
    25  may cautiously enter the intersection  only  to  complete  the  movement
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00985-01-3

        A. 882                              2
 
     1  indicated  by  such arrow or make such other movement as is permitted by
     2  other indications shown at the  same  time;  however,  said  traffic  is
     3  thereby warned that the related green arrow movement is being terminated
     4  or  that a red indication will be exhibited immediately thereafter. Such
     5  traffic shall yield the right-of-way to pedestrians within a  marked  or
     6  unmarked  crosswalk  at  the  intersection and to other traffic lawfully
     7  using the intersection.
     8    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
     9  provided  in  section eleven hundred twelve of this article, pedestrians
    10  facing any steady yellow signal are thereby advised that there is insuf-
    11  ficient time to cross the roadway before a red indication is  shown  and
    12  no  pedestrian shall then start to cross the roadway. Regardless of when
    13  a pedestrian starts to cross the roadway, all pedestrians shall be given
    14  the right-of-way by all other traffic  when  facing  any  steady  yellow
    15  light.
    16    §  4. Subparagraph a of paragraph 2 of subdivision (d) of section 1111
    17  of the vehicle and traffic law, as separately amended  by  chapters  230
    18  and 420 of the laws of 1980, is amended to read as follows:
    19    a.  Traffic  facing  a steady circular red signal may cautiously enter
    20  the intersection to make a right turn  after  stopping  as  required  by
    21  paragraph  one of this subdivision, except that right turning traffic is
    22  not required to stop when a steady right green arrow signal is shown  at
    23  the  same time. Such traffic shall yield the right-of-way to pedestrians
    24  within a marked or unmarked crosswalk at the  intersection  and  to  all
    25  other traffic lawfully using the intersection;
    26    §  5. Section 1112 of the vehicle and traffic law, as amended by chap-
    27  ter 228 of the laws of 1987, is amended to read as follows:
    28    § 1112. Pedestrian-control signal  indications.  Whenever  pedestrians
    29  are controlled by pedestrian-control signals exhibiting the words "WALK"
    30  or  "DON'T  WALK", or exhibiting symbols of a walking person or upraised
    31  hand, such signals shall indicate and apply to pedestrians as follows:
    32    (a) Steady WALK or walking person. Pedestrians facing such signal  may
    33  proceed  across  the roadway in the direction of the signal and shall be
    34  given the right of way by all other traffic.
    35    (b) Flashing DON'T WALK or upraised hand. No pedestrian shall start to
    36  cross the roadway in the direction of such signal, but  any  pedestrians
    37  who  have  partially  completed  their  crossing  on the WALK or walking
    38  person signal shall proceed to a sidewalk or  safety  island  while  the
    39  flashing  DON'T  WALK  or upraised hand signal is showing. Regardless of
    40  when a pedestrian starts to cross the roadway, all pedestrians shall  be
    41  given  the right-of-way by all other traffic while a flashing DON'T WALK
    42  or upraised hand signal is showing.
    43    (c) Steady DON'T WALK or upraised hand. No pedestrians shall start  to
    44  cross  the  roadway in the direction of such signal, but any pedestrians
    45  who have partially completed their  crossing  on  the  WALK  or  walking
    46  person  or  flashing  DON'T  WALK or flashing upraised hand signal shall
    47  proceed to a sidewalk or safety island while the steady  DON'T  WALK  or
    48  upraised hand signal is showing.
    49    §  6.  Subdivision (b) of section 1113 of the vehicle and traffic law,
    50  as amended by chapter 722 of the laws of 2006, is  amended  to  read  as
    51  follows:
    52    (b)  Flashing  yellow indications. Vehicular traffic facing a circular
    53  yellow signal or  yellow  arrow  with  rapid  intermittent  flashes  may
    54  proceed  through the intersection or past such signal only with caution.
    55  Such traffic shall yield the right-of-way to pedestrians within a marked
    56  or unmarked crosswalk at the intersection.

        A. 882                              3
 
     1    § 7. Subdivision (a) of section 1151 of the vehicle and  traffic  law,
     2  as  amended  by  chapter  159 of the laws of 2002, is amended to read as
     3  follows:
     4    (a)  When traffic-control signals are not in place or not in operation
     5  the driver of a vehicle shall yield the right of way,  slowing  down  or
     6  stopping  if  need  be to so yield, to a pedestrian crossing the roadway
     7  within a crosswalk or at any unmarked crosswalk at  an  intersection  on
     8  the  roadway upon which the vehicle is traveling, except that any pedes-
     9  trian crossing a roadway at a point where a pedestrian tunnel  or  over-
    10  pass has been provided shall yield the right of way to all vehicles.
    11    §  8.  This  act shall take effect on the thirtieth day after it shall
    12  have become a law.
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